ORDER

R. B. Naik, J.—The petitioner accused is convicted for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and is sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 5,000 in default to suffer simple imprisonment for two months and further, he is directed to pay compensation of Rs. 2,12,000 to the complainant by an order of conviction and sentence dated 22.5.2004 passed by the II Additional Civil Judge (Junior Division), Judicial Magistrate First Class, III Court, Hubli in C.C. No. 755 of 1993. The said order of conviction and sentence is confirmed by judgment dated 7.11.2005 passed by the Presiding Officer, Fast Thack, Court-II, Dharwad, sitting at Hubli in Cri. A. No.26 of 2004.

2. The respondent/complainant had given a hand loan of a sum of Rs. 2,12,000 to the petitioner accused herein on 1.12.1990 for the purpose of augmenting his business. Towards the discharge of part of his liability, the petitioner accused had issued a cheque in a sum of Rs. 1,00,000 on 10.12.1991. The same on presentation was dishonoured. The respondent/complainant insisted for the return of the entire amount lent by him and accordingly, the p